These terms and conditions (“Terms and Conditions”) apply to any and all orders placed by client, customer, or end user (“Customer”) for purchases of new equipment (“Products”) sold, developed and/or manufactured by DurUntash Lab (“DurUntash”) or EnviTronics Lab (“EnviTronics”) from EnviTronics, whether or not such purchase is subject to a signed purchase order, distribution or other agreement between EnviTronics and Customer (individually as a “Party” and collectively as the “Parties” to these Terms and Conditions); and any scope of work signed by Customer and EnviTronics (“Scope of Work”) for performing professional services (the “Services”) by EnviTronics, whether or not such Services are subject to a signed contract or agreement between the Parties. Ordering Products and Services from EnviTronics constitutes acceptance of the Terms and Conditions set forth herein, as such terms may have been updated through the date of such order or the date of signing a Scope of Work. Any different, or additional terms in any purchase order, blanket instructions or other writing from Customer will be deemed a material alteration hereof and are hereby expressly objected to and rejected and will be of no force or effect. Commencement of the Services or shipment will not be construed as acceptance of any of Customer’s terms and conditions, which are different from or in addition to the Terms and Conditions. The course of the Services or usage of trade will not be applied to modify these Terms and Conditions.

 

In Consideration Of the matters described above and of the mutual benefit and obligations set forth in the Terms and Conditions, the receipt and sufficiency of which consideration is hereby acknowledged, Customer agrees as follows:

 

Product Order

All orders that are accepted by EnviTronics are subject to the Customer’s acceptance of the Terms and Conditions. All orders must be placed in writing and delivered directly to EnviTronics from the entity that will be liable for the payment of the order. Verbal or telephone order or orders through a third party other than an authorized EnviTronics distributor (“Distributor”) will not be accepted. EnviTronics will in no way be responsible for any errors made by Customer in the quantity or type of ordered Products. It is Customer’s responsibility to review the quote, estimate or invoice upon receipt and report any errors or omissions to EnviTronics in writing immediately. Customer must submit all requests to cancel or change to orders in writing to EnviTronics. Any shipment charges incurred will remain Customer’s responsibility. All requests are subject to any and all cost or expense incurred by EnviTronics from such cancellation or change including, without limitation, costs for work performed and/or materials purchased by EnviTronics for the Products. 

 

Product Shipment

When EnviTronics delivers the Products on Customer’s dock or to the transporting agent, liability for damage or loss passes to the Customer. Shipping and delivery dates communicated by EnviTronics to Customer are approximate only. EnviTronics has the right to deliver the Products in installments. In the absence of specific shipping instructions, EnviTronics, if and as requested by Customer, will ship the Products by the method EnviTronics deems most advantageous. Where EnviTronics ships the Products, Customer will pay all transportation charges that are payable on delivery or, if transportation charges are prepaid by EnviTronics, Customer will reimburse EnviTronics upon receipt of an invoice from EnviTronics. Unless otherwise indicated, Customer is obligated to obtain insurance against damage to the material being shipped. Unless otherwise specified, the Products will be shipped in the standard EnviTronics commercial packaging. When special or export packaging is required or, in the opinion of EnviTronics, required under the circumstances, the cost of the special packaging shall be the responsibility of Customer. In the event of any default under or breach of the Terms and Conditions by Customer, EnviTronics has the right to refuse to make further shipments. EnviTronics’s failure to enforce at any time or for any period of time the provisions of the Terms and Conditions will not constitute a waiver of such provisions or the right of EnviTronics to enforce each and every provision.

 

Product Price

Invoiced prices will be based upon EnviTronics's prices in effect at the time an order is received by EnviTronics or EnviTronics’s prices as quoted to Customer. Prices do not include any local, state or federal taxes, duties, fees, or charges now or hereafter enacted applicable to the Products or to this transaction, all of which are the responsibility of Customer. Orders are accepted with the understanding that such taxes will be added, as required by law. EnviTronics charges local sales tax unless Customer has provided a valid sales tax exemption certificate to EnviTronics. Unless otherwise specified on the invoice, all accounts are due and payable upon receipt. Unpaid accounts will be subject to a service charge of 1% per month (12% per annum).

 

Product Returns

Customer can return unopened unused items in the original packaging within 30 (thirty) days of the purchase with proof of purchase with prior authorization (Return Merchandise Authorization - RMA) by EnviTronics. Upon Customer obtaining a restock number, items must be returned to EnviTronics within 30 (thirty) days. Failure to return items in this time period may result in no credit given. Upon receipt of a returned item, EnviTronics will fully examine items  and notify Customer via email, within a reasonable period of time on the status. If EnviTronics determines a return is appropriate, a credit will be applied to the original method of payment. A 15% (fifteen percent of the Invoice total) restock fee will be charged ($50.00 minimum) on all returns. Shipping and handling charges are not refundable. Shipping charges for all returns must be prepaid and insured by Customer. Customer is responsible for any loss or damage to hardware during shipment. EnviTronics does not guarantee that it will receive the returned item. There is no refund or return for customized or nonstandard Products. There is no refund for Services performed on Products. 

 

Products returned for repair may or may not be covered under warranty. For warranty consideration, the original invoice number or proof of purchase must be provided to validate warranty coverage. Repaired items have a 180 day limited warranty from the date of repair. Items being returned under warranty are subject to inspection. The item or items may be repaired or replaced at EnviTronics’s sole discretion. Warranty for EnviTronics Products  is automatically engaged when the unit ships from the EnviTronics  Factory. EnviTronics’s warranty is voided where there is indication that items have been damaged, tampered with or applied in a manner that is inconsistent with their intended use as outlined by EnviTronics. Products returned to EnviTronics, which are subject to expired warranties or voided warranties will be charged applicable repair costs. Customers will be contacted to authorize any non-warranty repairs. A minimum $150.00 test and inspection fee may apply. EnviTronics, at its sole discretion, reserves the right to deem an item unrepairable. EnviTronics repair pricing is based on a flat repair fee. Flat rate repair fees are communicated upon issuance of an RMA. By submitting the product described in the issued RMA for repair, the customer acknowledges and agrees that it shall pay the amount charged by EnviTronics, and outlined on the RMA, for the repair. Should there be any additional charges EnviTronics will contact the customer for additional approval. Shipping charges for all returns must be prepaid and insured by Customer. Customer is responsible for any loss or damage to hardware during shipment.   

 

Please contact us by filling out an RMA (Return Merchandise Authorization) form and wait for instructions before sending back any product. To submit a RMA return request please contact us directly via our website.

 

Retention of Right to Change Offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

 

Right to Suspend or Cancel User Account

We may permanently or temporarily terminate or suspend Customer’s access to the service without notice and liability for any reason, including if in our sole determination Customer violates any provision of these Terms and Conditions or any applicable law or regulations. Customer may discontinue use and request to cancel Customer’s account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which Customer has already made payment.

 

Disclaimer of Fraud, Phishing and Email Scams

Please note, EnviTronics does not provide customer support or product information by phone or through social media (e.g. Facebook, Instagram, WhatsApp). Also, EnviTronics is not in any partnership with entities representing themselves as customer support agents, providing customer support services via phone and/or social media and promising to help solve Customer’s issues for money. Customer support is only provided via email and EnviTronicsLab.com website, and in response to Customers and is always provided for free. Customer support is not open on weekends, or Federal holidays. Any inquiries sent on these days will be addressed the following business day.

 

Disclaimer of Software Warranty

Customer expressly understands and agrees that the use of any Software developed and provided by EnviTronics (the “Software”) is at Customer’s or its end users’ sole risk and that the Software is provided “AS IS” and “AS AVAILABLE” without warranty of any kind from EnviTronics. Customer’s use of the Software and any material downloaded or otherwise obtained through the use of the Software is at Customer’s or its end users’ own discretion and risk and Customer’s or its end users’ are solely responsible for any damage to Customer’s or its end users’ computer system or other device or loss of data that results from such use. With respect to the Software, EnviTronics further expressly disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. EnviTronics does not warrant that the Software will work perfectly or will not need occasional upgrades, debugging, or modifications, or that it will not be negatively affected by network-related modifications, upgrades or similar activity.  

 

Website Use Liability

To the maximum extent permitted by applicable law, EnviTronics assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from Customer’s access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

Products Warranty and Liability

The use of the Products constitutes Customer’s acceptance of the terms set forth in the Terms and Conditions. The Products have one-year warranty on parts and labor. The warranty is automatically validated upon the receipt of the Products. EnviTronics also provides an optional three-year extended warranty for an additional cost of 10% of the Products price. The one year service plan starts when EnviTronics ships the Products and not at the time of placing the order. EnviTronics is only liable to Customer directly, and not to Customer’s buyers, end users, clients or customers. EnviTronics is only liable for new equipment of its own manufacture. Any component of the Products, material and equipment covered hereby, which is manufactured by third parties will be covered only by the warranty of its own manufacturer. EnviTronics warrants the Products against defective workmanship and materials for the period of warranty.

 

There are no understandings, representations, or warranties of any kind, express, implied, statutory or otherwise (including, but without limitation, the implied warranties of merchantability and fitness for a particular purpose), not expressly set forth herein. EnviTronics makes no warrant that operation of the Products will be uninterrupted or error free. EnviTronics does not consider the results of ordinary wear and tear, accident and excessive deterioration due to corrosion from any cause, neglect, and misuse a defect. EnviTronics’s liability for defective parts to Customer under these Terms and Conditions will in no event exceed the furnishing of replacement parts Freight On Board the factory where originally manufactured. 

 

EnviTronics will not be liable to Customer for loss, damage or injuries to persons (including death), or to property or things of whatsoever kind (including, but not without limitation, loss of anticipated profits), occasioned by or arising out of the installation, operation, use, misuse, nonuse, repair, or replacement of the Products, or out of the use of any method or process for which the same may be employed. 

 

Professional Services

Customer is of the opinion that EnviTronics has the necessary qualifications, experience and abilities to provide Services to Customer. Customer agrees to comply with provisions, terms and conditions governing matters in connection with the Services provided by EnviTronics. EnviTronics will provide Customer with a specified number of hours of Services as set forth in the Scope of Work or as otherwise agreed to by the Parties. In the event that a Scope of Work is not specified, EnviTronics will use commercially reasonable efforts to provide such Services as requested by Customer up to the number of hours agreed by the parties. EnviTronics will provide such resources and utilize such employees and/or consultants as it deems necessary to perform the Services. Customer agrees to furnish EnviTronics with adequate technical assistance, network access, materials, and an environment suitable for EnviTronics to be able to perform the Services. Customer further agrees to provide EnviTronics with such technology owned or controlled by Customer (the “Licensed Technology”) as EnviTronics reasonably requires to perform the Services. Customer and EnviTronics agree to cooperate in good faith to achieve completion of the Services in a timely and professional manner. EnviTronics will bear no liability or otherwise be responsible for delays in the provision of the Services or any portion thereof occasioned by Customer’s failure timely to complete a Customer task or adhere to a Customer schedule.

 

Term of Terms and Conditions

These Terms and Conditions commence on the earlier of the date of the Scope of Work or date that EnviTronics begins the Services (“Effective Date”) and, unless terminated earlier pursuant to the terms of the Scope of Work, will continue in force until exhaustion of the number of consulting hours identified in the Scope of Work or as otherwise agreed to by the Parties.

 

Incurred Costs and Service Fees

For the Services provided by EnviTronics, the Customer agrees to pay EnviTronics the fees set forth in an invoice or quote issued by EnviTronics to the Customer (“Invoice”) or as otherwise agreed to by EnviTronics and the Customer in accordance with a compensation schedule (“Compensation Schedule”) plus any applicable sales or use taxes or other charges. EnviTronics will be reimbursed from time to time for actual, reasonable travel and out-of-pocket expenses incurred by EnviTronics in connection with providing the Services. The amounts payable to EnviTronics set forth in a Invoice or Compensation Schedule are exclusive of any sales or use or other taxes or governmental charges. The Customer will be responsible for payment of all such taxes or charges and the Customer will pay such taxes with no reduction or off set in the amounts payable to EnviTronics hereunder.

 

Unless otherwise set forth in a Compensation Schedule, EnviTronics will invoice on a daily, weekly, bi-weekly, or monthly basis for all Services, fees and reimbursable expenses that have accrued (the “Compensation”). Each Invoice will be due and payable within thirty (30) days of date of a proper invoice, and will be deemed over due if they remain unpaid beyond that point. Any late payments will trigger a fee of 10% per month and the maximum rate of interest allowable under applicable law on the amount still owing. The Customer will be liable for all legal fees incurred by EnviTronics in the event that legal action is required to collect any amount owed under a past due account. Except as otherwise provided in the Terms and Conditions, all monetary amounts referred to in this Terms and Conditions are in U.S. Dollars (USD). Customer will pay any currency exchange and money transfer fees incurred. 

 

General Liability

EnviTronics will not be liable, in no event, to Customer for special, consequential, incidental, indirect, punitive or exemplary damages, whether arising in these Terms and Conditions, tort (including active, passive or imputed negligence, strict liability or product liability) or otherwise, including but not limited to, loss of use, loss of data, loss of product, business interruption, loss of revenue, loss of profits, loss of business or other financial loss arising out of or in connection with the terms and condition of these Terms and Conditions, even if EnviTronics is advised the possibility of such damages. 

 

If EnviTronics’s performance of its obligations under these Terms and Conditions is prevented or delayed by any act or omission of Customer or its agents, end users, subcontractors, consultants, or employees, EnviTronics will not be deemed in breach of its obligations under  these Terms and Conditions, or otherwise liable for any costs, charges, or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.

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Exclusions from Services

Services, warranty and liabilities under these Terms and Conditions do not cover any of the following: furnishing supplies or accessories, or refinishing the Products; electrical work external to any of the Products; repair or replacement of damage to or defects in the Products resulting from causes external to the Products, including disaster, fire, accident, neglect, misuse, vandalism, water, power surges, lightning, or failure of the installation site to conform to EnviTronics applicable specifications; or resulting from use of the Products for other than intended purposes; or use of the Products with items not provided or approved by EnviTronics; or resulting from the performance of maintenance or the attempted repair of the Products by persons other than EnviTronics employees or persons authorized by EnviTronics; Services in connection with the relocation of the the Products, or the addition or removal of items of equipment or parts, attachments, features, from or to other devices not furnished by EnviTronics; and Services in connection with computer viruses or conflicts involving software that is not installed or introduced by EnviTronics.

 

Confidentiality

Confidential information (the “Confidential Information”) refers to any data or information to EnviTronics, whether business or personal, which would reasonably be considered to be private or proprietary to EnviTronics and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to EnviTronics. Customer agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which Customer has obtained from EnviTronics, except as authorized by EnviTronics or as required by law. The obligations of confidentiality will apply during the period of the Terms and Conditions and will survive indefinitely upon termination of these Terms and Conditions. All written and oral information and material disclosed or provided by EnviTronics to Customer under these Terms and Conditions is Confidential Information regardless of whether it was provided before or after the date of these Terms and Conditions or how it was provided to Customer. 

 

Ownership of Intellectual Property, Copyrights and Logos

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of EnviTronics. Except as explicitly provided herein, nothing in these Terms and Conditions shall be deemed to create a license in or under any such Intellectual Property Rights, and Customer agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. Customer recognizes and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website, Customer confirms that Customer owns all the relevant rights or received the appropriate license to upload/transfer/send the content. Customer agrees and consent that the uploaded/transferred content may be publicly displayed at the website.

 

Any developed technology, including patentable and non patentable ideas, know-how, technical data, ortechniques, and all intellectual property rights appurtenant thereto, which may be developed by EnviTronics under the terms of these Terms and Conditions or in the delivery of any services here under that derive from, improve, enhance or modify the Products or pre-existing intellectual property (collectively, “Developments”), will be the property of EnviTronics. Customer or third-parties will have a nonexclusive license to the Developments to the extent necessary to enable Customer or third-parties to use any deliverables. EnviTronics may in its sole discretion develop, use, market, license, or sell the Developments and any software, application or product that is similar or related to that, which was developed by EnviTronics for Customer. EnviTronics will not be required to disclose information to Customer or third-parties concerning any Developments which EnviTronics deems to be proprietary or confidential.

 

Compliance

Customer agrees to timely furnish all information necessary to secure plans and permits for the work called for under these Terms and Conditions, and Customer warrants Services contracted for to be in compliance with applicable zoning, classification and building codes. EnviTronics assumes no responsibility for violation of zoning rules/laws. EnviTronics may terminate the Terms and Conditions if any governmental authority imposes any restriction on the sale or use of the Products. Any costs for work not in the invoices but required by lawful authorities to bring the work into compliance with applicable code will be the responsibility of Customer.

 

Customer Obligations

Customer will provide EnviTronics personnel with access to the Products and adequate working space (including heat, light, ventilation, electric current and outlets) at no charge to EnviTronics. All Customer environments must be free from all risks to health and safety (except to the extent notified to EnviTronics in writing and specifically accepted in writing by EnviTronics). Customer will maintain, at Customer’s expense, the installation site and provide the necessary utility services for use of the Products in accordance with EnviTronics’s applicable published specifications. Customer will be responsible for replacing, at Customer’s own expense, any and all consumable items used in connection with Customer’s Products installation. 

 

Customer is solely responsible for backing up Customer’s data. EnviTronics will not under any circumstances have a duty to backup data or to restore data that is lost in the course of EnviTronics’s provision of Services, or otherwise. EnviTronics will not be liable for the loss of data, whatever the reason for the loss, including without limitation as a result of EnviTronics’s negligence.

 

Insurance

Customer is required to obtain, at its own expense, any and all certificates of insurance (including product liability), permits, registrations, qualifications or authorizations necessary or desirable for EnviTronics to provide Services. All equipment should be installed per the National Electric Code and local building regulations. A certified electrical contractor who meets state or local regulations and code must be on-site for all electrical work related to the Products. EnviTronics Applications Engineers are not journeymen or electrical contractors, and will only advise (if applicable) and supervise the installation and startup of EnviTronics Products.

 

Capacity/Independent Contractor

In providing Services under these Terms and Conditions, it is expressly agreed that EnviTronics is acting as an independent contractor and not as an employee. Customer acknowledges that these Terms and Conditions do not create a partnership or joint venture between the Parties, and is exclusively an agreement for service. 

 

Rights of Substitution

Except as otherwise provided in these Terms and Conditions, EnviTronics may, at EnviTronics’s absolute discretion, engage a third party subcontractors to perform some or all of Services, and Customer will not hire or engage any third parties to assist with the provision of Services. In the event that EnviTronics hires a subcontractor: EnviTronics will pay the subcontractor for its services and the Compensation will remain payable by Customer to EnviTronics; and for the purposes of the indemnification clause of these Terms and Conditions, the subcontractor is an agent of EnviTronics.

 

Autonomy

Except as otherwise provided in these Terms and Conditions, EnviTronics will have full control over working time, methods, and decision making in relation to provision of Services in accordance with the Terms and Conditions. EnviTronics will work autonomously and not at the direction of Customer. However, EnviTronics will be responsive to the reasonable needs and concerns of Customer. 

 

Equipment

Except as otherwise provided in these Terms and Conditions, EnviTronics will provide at EnviTronics’s own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to develop and manufacture the Products at EnviTronics’s own manufacturing facility, site or facility in accordance with the Terms and Conditions. EnviTronics is not responsible for the performance, functionality, or compatibility of Customer’s existing equipment, duct work, electrical systems, controls, or other equipment and materials that are already in place. In the event that an existing piece of equipment or system prevents the proper operation of the Products, Customer will be responsible for any additional service charges that may be incurred.

 

No Exclusivity

The Parties acknowledge that these Terms and Conditions are non-exclusive and that either Party will be free, during and after the duration of these Terms and Conditions, to engage or contract with third parties for provision of any services similar to Services. Nothing in these Terms and Conditions will restrict or limit EnviTronics from performing such development, consulting or other services to any other entity in any industry.  

 

Force Majeure

EnviTronics will have no liability or obligation due to causes beyond EnviTronics’s reasonable control including but not limited to strikes, lockouts, fires, riots, wars, acts of God, inability to obtain materials, components or supplies, failure or break down of machinery, production scheduling delays, government regulations or other conditions.

 

Indemnification

Customer agrees to indemnify and hold EnviTronics harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with customer’s use of the website or any of the services offered on the website.

 

Customer will at all times defend, indemnify and hold harmless EnviTronics and its respective affiliates, officers, stakeholders, agents, attorneys, accountants, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with: Customer's use of, or inability to use, the Products; breach of any provisions in the terms and conditions of these Terms and Conditions by Customer or its end users; and improper or negligent installation or use, or unauthorized repair, or integration into another product, of the Products by Customer or its end users or its agents.  

 

Customer will not settle, compromise or consent to the entry of any judgment with respect to any pending or threatened claim without EnviTronics’s consent unless the settlement, compromise or consent provides for and includes an express, unconditional release of all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, against EnviTronics. This indemnification will survive the termination of these Terms and Conditions. 

 

Dispute Resolution

In the event of any dispute in connection with the Terms and Conditions, the Parties hereto will negotiate and resolve such dispute under principles of good faith and honesty. Where the Parties fail to resolve the dispute by negotiation, they may submit to arbitration or legal proceeding.

 

Termination

In the event that either Customer wishes to terminate these Terms and Conditions, the Customer will be required to provide thirty (30) day written notice to EnviTronics. These Terms and Conditions may be terminated at any time by mutual agreement of the Parties. Except for provisions hereunder subject to termination or amendment in whole or in part as agreed to by the Parties in writing, the Terms and Conditions will continue to be in effect. Upon mutual termination of the Terms and Conditions, the Parties hereto will detail and agree in writing to govern the treatment of incurred costs, developments and other work results, whether completed or ongoing. Except as otherwise provided in these Terms and Conditions, the obligations of EnviTronics will end upon the termination of these Terms and Conditions. 

 

In addition to any remedies that may be provided under these Terms and Conditions, EnviTronics may terminate the Terms and Conditions with immediate effect upon written notice to Customer, if Customer: fails to pay any amount when due under the Terms and Conditions; has not otherwise performed or complied with any of the terms and conditions of the Terms and Conditions, in whole or in part; or becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors. In the event that these Terms and Conditions is terminated by Customer prior to completion of Services but where Services have been partially performed, EnviTronics will be entitled to pro rata payment of the Compensation to the date of termination provided that there has been no breach of these Terms and Conditions on the part of EnviTronics. 

 

Right to Change and Modify Terms

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, Customer should review this page periodically. When we change the Terms in a material manner, we will notify Customer that material changes have been made to the Terms. Customer’s continued use of the Website or our service after any such change constitutes Customer’s acceptance of the new Terms. If Customer does not agree to any of these terms or any future version of the Terms, Customer shall not use or access (or continue to access) the website or the service.

 

Miscellaneous

Customer and EnviTronics agree to cooperate in good faith to achieve completion of the projects in a timely and professional manner. EnviTronics will bear no liability or otherwise be responsible for delays in the completion of training, services, projects or any portion thereof occasioned by Customer’s failure timely to complete a task or adhere to a schedule. Time is of the essence in these Terms and Conditions. No extension or variation of these Terms and Conditions will operate as a waiver of this provision. EnviTronics will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under these Terms and Conditions without prior written consent of Customer. Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting these Terms and Conditions. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. These Terms and Conditions will be governed by and constructed in accordance with the laws of the State of New York as if fully performed in New York, without regard to that state's choice of law principles. In the event that any of the provisions of these Terms and Conditions are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless to be valid and enforceable with the invalid or unenforceable parts severed from the reminder of these Terms and Conditions. The waiver by either Party of a breach, delay or omission of any of the provisions of these Terms and Conditions by the other Party will not be constructed as a waiver of any subsequent breach of the same or other provisions.